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IMPACT OF RECENT COURT ORDER ON THE SECTION 2 OF PRESIDENTIAL PROCLAMATION 10052

As per the Department of State (DOS), announcement dated October 09, 2020, the Section 2 of Presidential Proclamation (PP) 10052 cannot be enforced against named plaintiffs and members of the plaintiff associations. This announcement of DOS is pursuant to the Federal District Court’s injunction in  National Association of Manufacturers v. DHS, wherein, any J-1, H-1B, H-2B, or L-1 applicant who is either sponsored (as an exchange visitor) by, petitioned by, or whose petitioner is a member of, one of the plaintiffs in the lawsuit is no longer subject to PP 10052’s entry restrictions. The named plaintiffs include: The National Association of Manufacturers, the U.S. Chamber of Commerce, the National Retail Federation, TechNet, and Intrax, Inc. Also, one should consult the relevant U.S. embassy or consulate for further information, how visa processing is impacted due to the embassy closure.

Accordingly, the visa applications are impacted by the above order as described:

  1. H-1B, H-2B, and L-1 Applications: Applicants must be prepared to demonstrate that a U.S. employer/petitioner is a named plaintiff or member of any of the named plaintiff associations.  Applicants may provide evidence directly to the consular officer at the time of visa interview.  Applicants may provide to a consular officer a letter issued by one of the named plaintiffs to the applicant’s petitioner attesting that the petitioner is a member in good standing of one of the named plaintiff associations.  Consular officers will take steps to independently verify that the petitioner or sponsor is indeed a member of one of the plaintiff associations.  Once the consular officer is able to confirm membership, they will be able to process the application to conclusion without regard to PP 10052.
  1. J-1 Applications:   Intrax, Inc. is a named plaintiff in NAMand is a sponsoring entity for certain J-1 programs.  Therefore, in compliance with the NAM court’s order, any J-1 program applicant whose sponsor is Intrax, Inc. will not be considered subject to PP 10052’s suspension of entry.  Applicants should be prepared to demonstrate, at the time of interview, that the J-1 program is sponsored by an entity that is a named plaintiff, or a member of one of the named plaintiff organizations.  Additionally, it may be possible that J-1 applicants are employed by other named plaintiffs or members of plaintiff associations, which serve as host organizations.  Any J-1 applicants who are sponsored by an entity other than Intrax, Inc., or who claim the host organization employer is a named plaintiff or member of named plaintiffs’ association, and who believe they are covered by the NAM court’s order should raise that with the consular officer at the time of visa interview.
  1. Spouse and Child (derivative applications):  The NAMcourt’s order also enjoined the government from enforcing section 2 of Presidential Proclamation (PP) 10052.  Section 2 of PP 10052 extended entry restrictions to H-4, J-2, and L-2 applicants who would accompany or follow to join the principal H-1B, H-2B, J-1, or L-1 applicants.   Accordingly, consular officers will not apply PP 10052 to these derivative applicants if the principal applicant is covered by the NAM court’s order. The principal applicant is not required to apply with the derivative applicants and may already be admitted into the United States at the time of their application.

We will regularly update the blog as soon as any new information is available.

Disclaimer

This article aims to provide new information concerning impact of recent court order on presidential proclamation 10052. This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).

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